Mitali Palnitkar
Published on: March 22, 2022 at 13:42 IST
The Delhi High Court sought the Centre’s response over a Petition seeking to declare all Child Marriages Void-ab-initio.
The Division Bench comprised Acting Chief Justice Vipin Sanghi and Justice Navin Chawla. It issued Notices to the National Commission for Women and the Ministry of Law and Justice seeking response from them on the issue.
The Notices were issued after an Application was filed by Aisha Kumari in an already pending Petition.
In the Plea, Aisha alleged that she was fraudulently married to a man when she was 16-years old. She got married in a ceremony which she assumed to be just a normal function at home.
She argued that their marriage was never consummated. Later, she pursued her Bachelor of Education between 2016 and 2018 and then applied for Masters at Jamia Millia Islamia.
In 2020, the Respondent came to her house to take her to Gujarat along with him claiming that she was his wife. Later, she fled from her home and filed the Petition before the Delhi High Court.
The Petitioner alleged that she was being threatened by her family and in-laws.
Earlier, the Court had issued Notice to the State with respect to this issue, but it was pointed out later that it is necessary to make Central Government a party for making Child Marriages Void-ab-Initio.
On March 21, 2022; while hearing the Petition, the Court directed the Delhi Police to provide security to the Petitioner. The Delhi Commission for Women said that it would provide shelter to the Petitioner.
The Plea sought that Section 3(1) of Prohibition of Child Marriage Act, which states that Child Marriage is Voidable shall be declared Unconstitutional and Ultra Vires of Article 21 of the Indian Constitution.
It was argued that Consent for marriage given by a Child less than 18 years of age shall not be held valid. Such consent needs to be declared Void-ab-Initio and not voidable.
It was submitted that the State is bound to protect the well-being of children and minor girls under the Principle of Parens Patriae. The State shall also protect minor girls married against their consent.
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